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Articles Posted in Premises Liability

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Slip-and-Fall Lawsuit Against UPS Revived After Ice Injury. Anderson v. United Parcel Serv., Inc., 2021 NY Slip Op 02777 (2d Dep’t)

In Anderson v. United Parcel Serv., Inc., 2021 NY Slip Op 02777, the Appellate Division, Second Department, reviewed a personal injury lawsuit brought by a security guard who allegedly slipped on ice while working at a United Parcel Service (UPS) facility. The trial court had dismissed her complaint and also…

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Dog Bite Victim Allowed to Pursue Negligence Claim. Flanders v Goodfellow, 2025 NY Slip Op 02261

In April 2025, the New York Court of Appeals reversed long-standing precedent by allowing a dog bite victim to pursue a negligence claim, not just a strict liability claim. Rebecca Flanders worked as a postal carrier. On December 8, 2018, she delivered a package to the home of Stephen and Michelle…

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Landlord Liability for Dog Bite Injury on Leased Property. Strunk v. Zoltanski, 96 A.D.2d 1074 (2d Dep’t 1983)

In Strunk v. Zoltanski, the Appellate Division, Second Department, addressed whether a landlord could be held legally responsible for injuries caused by a tenant’s dog. The case involved an incident where a child was bitten by a dog while on leased property. The court considered whether the landlord’s knowledge of…

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New York Court Limits Animal Injury Claims to Vicious Propensity Rule. Bard v. Jahnke, 6 N.Y.3d 592 (2006)

In Bard v. Jahnke, the New York Court of Appeals addressed whether a property owner could be held liable for injuries caused by a domestic animal—specifically, a dairy bull—under a common-law negligence theory. The court considered whether an owner could be held responsible for failing to warn or restrain an…

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When a Broken Lock Leads to Tragedy. Scurry v New York City Housing Authority, 2023 NY Slip Op 02752

In Scurry v New York City Housing Authority, the New York Court of Appeals considered whether the Housing Authority could avoid liability where intruders gained access to buildings through doors with broken locks and committed violent attacks. The key question was whether the targeted nature of the attacks severed the…

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Summary Judgment Granted to City After Park Injury Involving Metal Panel. K.B. v. City of Mount Vernon, 2024 NY Slip Op 04299 (App. Div. 2d Dep’t Aug. 28, 2024)

In K.B. v. City of Mount Vernon, 2024 NY Slip Op 04299, the Appellate Division, Second Department addressed whether the City of Mount Vernon could be held liable for injuries allegedly caused by a defect in a public park. The infant plaintiff was injured when a hinged metal panel covering…

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Court allowed late notice of claim after trip-and-fall injury at school due to timely knowledge. Messick v. Greenwood Lake Union Free Sch. Dist., 84 N.Y.S.3d 215 (N.Y. App. Div. 2018)

In a legal dispute involving a trip-and-fall incident at Greenwood Lake Middle School, a petitioner sought permission to file a late notice of claim against the school district. The issue centered on whether the delay in filing caused prejudice to the school district and if the petitioner had demonstrated sufficient…

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Court allowed late claims against Suffolk County for water contamination linked to airport chemicals. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)

In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used…

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Liability in a chain reaction accident. Rodriguez v. The City of New York, 2020 N.Y. Slip Op. 35496 (N.Y. Sup. Ct. 2020)

A chain reaction car accident involves a series of collisions between multiple vehicles, typically initiated by an initial impact. In such incidents, the force of the first collision sets off a sequence of subsequent crashes as vehicles in close proximity react to the unfolding chaos. Determining liability in chain reaction…

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Court addressed the issue of whether the defendant was negligent in maintaining its premises. Scheer v. Stop & Shop Supermarket Co., 110 A.D.3d 1039 (2d Dep’t 2013)

Product liability cases are complex and require a thorough understanding of the law and the facts surrounding the case. In a premises liability case against a retailer store, the plaintiff must show that the store had a duty to maintain a safe environment for its customers and that it breached…

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